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Separate Property
- All property owned by the husband or wife before marriage,
- All property acquired during marriage by gift, bequest, devise, or descent (with rents, issues, and profits thereof - and items taken in exchange for it)
- §770
- + All property acquired while living separate and apart
- (earnings and accumulations of spouse + minor children living with or in custody of spouse)
- §771
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Community Property
All real and personal property acquired by a married person while domiciled in California (except for statutorily defined separate property) - § 760
A right of survivorship can be annexed to community property
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"Onerous Title" -> Community
"Onerous Title" - Community Property
Acquired by H and W during marriage through labor, industry, or other valuable consideration (except property acquired through consideration of spouse's SP)
(policy = marital partnership: BOTH share benefits)
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"Lucrative Title" -> CP or SP
"Lucrative Title" -> Community Property OR Separate Property
Acquired through gift, succession, inheritance
= CP or SP - based on donative intent
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CP Includes...
- 1. Earnings and accumulations from effort, skill, and industry of a spouse during marriage
- 2. Credit acquisitions
- 3. Personal injury awards form a c/a arising during marriage
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Degree or License to Practice a Profession
§2641
- The community is entitled to reimbursement for contributions to the education or training of a party that substantially enhances the party's earning capacity. (sufficient that the party retains the potential to realize the benefits in the future)
- (1) Direct payments for education or training, or
- (2) Payments on a loan incurred for education or training
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